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Muhhammad Said Bin Salem
Muhhammad Said Bin Salem is a citizen of Yemen, held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba. list of prisoners (.pdf), US Department of Defense, May 15, 2006 His detainee ID number is 251. The Department of Defense reports that Bin Salem was born on April 25, 1975, in Hadramaut, Yemen. As of March 26, 2010, Muhhammad Said Bin Salem has been held at Guantanamo for eight years one months. Combatant Status Review Tribunal Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunal. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. To comply with a Freedom of Information Act request, during the winter and spring of 2005, the Department of Defense released 507 memoranda. Those 507 memoranda each contained the allegations against a single detainee, prepared for their Combatant Status Review Tribunals. The detainee's name and ID numbers were redacted from all but one of the memoranda. However 169 of the memoranda had the detainee's ID hand-written on the top right hand of the first page corner. When the Department of Defense complied with a court order, and released official lists of the detainee's names and ID numbers it was possible to identify who those 169 were written about. Muhhammad Said Bin Salem was one of those 169 detainees. Summary of Evidence memo (.pdf) prepared for Muhhammad Said Bin Salem's Combatant Status Review Tribunal - November 1, 2004 - page 84 Allegations The allegations that Bin Salem would have faced during his Tribunal were: Habeas corpus petition A writ of habeas corpus was filed on Muhhammad Said Bin Salem's behalf. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". mirror Protective order On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of several dozen captives including Muhhammad Said Bin Salem. mirror Release? Mark Falkoff told the Yemeni Times that he had to threaten legal action to get the Pentagon to release a list of the Yemenis who had already been cleared for release. The Yemeni Times reported that the Pentagon had cleared some of the captives for release as early as June 2004 — which precedes the first Combatant Status Review Tribunal by over a month. On August 31 2009 Corrections One, a trade journal for the prison industry, speculated that "Muhhammad Said Bin Salem" was one of ten captives they speculated might be moved to a maximum security prison in Standish, Michigan. References Category:Living people Category:1975 births Category:People held at the Guantanamo Bay detention camp Category:Yemeni extrajudicial prisoners of the United States